Medical Malpractice
Medical Malpractice
A medical malpractice lawsuit may be warranted if you have experienced negligence from a healthcare provider. Each state has different rules about what will qualify as medical malpractice. If you have suffered harm at the hands of a medical practitioner or healthcare provider in California, seek a consultation with Pamela Traut at Traut Injury Law. She has nearly 30 years of experience in this area and will examine such legal concerns as a professional duty owed to the patient, a breach of such duty, the injury caused by the breach, and the damages to which you are entitled under the law specific to California. The following summary describes what is involved in pursuing and what damages are recoverable in medical malpractice claims:
Requirements for Recovery in Medical Malpractice
- To succeed in a medical malpractice claim in California, the plaintiff must prove:
- Duty of care: The healthcare provider owed a duty to the patient.
- Breach of duty: The provider did not follow the accepted standard of care.
- Causation: This breach caused the patient’s injuries or harm.
- Damages: The patient suffered quantifiable damages (e.g., medical expenses, lost wages, pain, and suffering).
Survival Actions in Medical Malpractice Cases
- Survival actions allow a deceased patient’s estate to pursue a medical malpractice claim if the patient had a valid claim before passing away.
- Damages that can be recovered in a survival action include medical expenses, lost wages, and pain and suffering incurred by the patient before death. The right to recover for pain and suffering in survival actions changed in 2022, allowing these damages through 2025 (for a certain period).
- The estate or representative of the deceased generally files these actions.
Statute of Limitations in California Medical Malpractice
- California has a three-year statute of limitations from the date of injury or one year from the date of discovery of the injury, whichever occurs first.
- For minors under 6, the lawsuit must be filed within three years or by age 8, whichever is later· The statute may be tolled or extended in cases involving fraud, intentional concealment, or the presence of a foreign object left inside the patient.
- Caps on Damages in California Medical Malpractice Cases
- Non-economic damages (e.g., pain and suffering) are capped. Starting in 2023, new legislation increased the cap to $350,000 for cases filed in 2023 and will incrementally rise to $750,000 over the next decade.
- For cases involving wrongful death, the cap is higher, beginning at $500,000 in 2023 and increasing up to $1 million over time.
- Economic damages (medical bills, lost wages) are not capped
Key Points
- Expert testimony is often required to establish the standard of care and prove that the breach caused the injury. Pamela Traut will have a qualified experts review your records to determine if you can establish causation and damages in your case.
- Contingency fee limits may apply to attorneys in medical malpractice cases to protect the plaintiff’s recovery.
